Barclaycard - CCA Response

[Josie8]

Confirmation that they don't have either a signed agreement or alternatively an unenforceable one.

 

It seems prudent to find out before launching yourself on a possible road to court etc.

[PriorityOne]

Ok.... that's fine Unfortunately, it will still end up with the lovely Mercers though....

[ska1664]

Thank you Josie8 & PriorityOne your posts have answered my questions and some.

 

I was confused but between you both you have asked and answered the question that was confusing me, what would the SAR achieve.

 

I will send the Account in dispute and when I've the spare £10 the SAR.

[ska1664]

I have received the following correspondance from Sharklycard:

 

 

 

I am going to send the Subject Access Request to them tomorrow by recorded.

 

Is this letter to be expected from Barclayshark even though they know full well that they have failed to produce anything like an agreement in response to my cca request?

Edited July 23, 2009 by ska1664

[angel_1]

hiya ska1664

 

good luck, im subbing if you dont mind

 

i have had the same info and letter you got only terms and conditions no actual cca for my hubbys account,

 

i havent paid them yet since dec, but dont want a default have you had a default yet?

 

have you now sar them - i will now too, including other barclays held bank accounts too just to cause them more work for my tenner

 

catch up soon laters keep positive im sure we are in safe hands thanks to all who posted on this thread ive learnt more again today

 

laters angel x

[Josie8]

I have received the following correspondance from Sharklycard:

 

ska1664/BC - Photobucket - Video and Image Hosting

 

I am going to send the Subject Access Request to them tomorrow by recorded.

 

Is this letter to be expected from Barclayshark even though they know full well that they have failed to produce anything like an agreement in response to my cca request?

 

 

Yes

[ska1664]

Just a bit of an update really, I thought that all was Quiet on the Western Front, only to receive a telephone call from the lovely Mercers today.

 

I have had no response what so ever reference my SAR as yet.

[tosh1]

subbing. im also dealing with barclaycard

[ska1664]

I have received this today any ideas as to a reply?

 

 

[angel_1]

hiya ska

 

to me it dont look like a proper default notice, the way its worded,

 

let me see which of my threads i got info on default notices

 

creditcardmug posted this on my thread post no 9 link below

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170602-rec-default-notice-cca.html

 

***********************************

 

Heres the info on DNs to help you,

 

35. Section 2 (5) and (6) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 sets out the following

(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement-

 

(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and

 

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.

 

(6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words "the creditor" may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.

36. The notice fails to include the following statement in the form as shown

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

37. Also the notice fails to set out the statement as set out below

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

 

38. The statements referred to in points 36 & 37 are laid out in schedule 2 of Consumer Credit (Enforcement, Default and Termination Notices Regulations 1983 (SI 1983/1561)

 

39. For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under section 87(1) CCA 1974 which states

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-

(a) to terminate the agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e)to enforce any security.

40. I note the opening part of section 88(1), which states

88. Contents and effect of default notice.

 

- (1) The default notice must be in the prescribed form.......

The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue

 

 

41. I note that the regulations do not allow any variation in the form of these statements and there fore it is suggested that where the statements are not as laid down in the regulations the default notice is rendered invalid as a consequence

 

********************

 

hope the above reassures you a little im sure others will soon come along too to offer advice laters angel x

Edited January 20, 2009 by angel_1

[the_shadow]

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

 

hope the above reassures you a little im sure others will soon come along too to offer advice laters angel x

 

Well I'm another confused newbie then cos the notice scanned and posted above had these two key lines in.. I've never seen one in real life but if I was to receive that in the post I'd think it was real... can we have a response from someone who's received one?

[angel_1]

hiya the one ive received did have the capital letters and underlined

 

so thats how id got told of how one should look like

 

but lets see what others more experienced than myself will advise

 

take care laters angel x

[ska1664]

Hi angel thanks for the info.

 

So is the DN above valid or not?

 

I am a little confused here and also what should I do as a response to this.

 

The telephone calls started on Monday but I am not going to get into any dialogue at all with them better things to be doing with my time.

[angel_1]

hiya all

 

the way it was explained to me that if the dn is not put in the format ie to include the capital letters and be bold and underlined in sections, then it is NOT valid, to tell you the truth, to me it looks like its suggesting its a dn, but they actually havnet put it in the format to make it a legal and valid

 

but that is only my own opinion from what was told to me and what ive read

 

im sure others will soon come along but if you want a 100 % from a legal expert, click on the red triangle for a mod to view your thread and they will reply or get a legal expert to post a reply for you

 

hope that is helpful laters angel x

[Gazza112]

Hi angel thanks for the info.

 

So is the DN above valid or not?

 

I am a little confused here and also what should I do as a response to this.

 

The telephone calls started on Monday but I am not going to get into any dialogue at all with them better things to be doing with my time.

 

 

Hi Ska1664

 

I think your find its not a true DN, as this should come from Barclay's and not Mercers. I've received the same letter from Mercers myself which i'm dealing with.

 

Gaz

[ska1664]

Thanks again angel, but what red triangle?

[angel_1]

Thanks again angel, but what red triangle?

 

 

Hiya again

 

you are welcome

 

if you look at the left hand side of the screen when you open up the thread there is a dot then the scales to tick for reputation next to it a red triangle with some black colour in it, click on that - it will alert a mod to your thread

 

 

found it?

[ska1664]

So is it the triangle that is to report posts?

[angel_1]

yes thats right, a mod will then be alerted to your post and if needs to contact you by pm they will do if what you need assistance with is not clear

 

hope that is okay

 

laters angel x

 

keep happy

[ska1664]

Thanks Gaz for your post.

 

I have read through the information provided by angel and I tend to agree that it is not a true DN. It does not seem to fit with the criteria laid down in section 35 to 41.

 

Any opinions from those more experienced as to if the DN is correct?

 

and

 

Should I reply to Mercers with some sort of response letter?

[ska1664]

Any ideas as to the validity of the DN in post 35?

[Gazza112]

Hi Ska1664

 

The notice you received is the same as mine, tour find its not a true DN just a threat of one.

 

Gaz

[bazaar]

Its just a threatogram from from the monkeys at Mercers, They haven't been assigned the account, because they are the in-house 'enforcers'.

If they can worry people enough with their BS, then they get payment, this mostly works for them.

If Barclaycard had the signed agreement, why not just send it and be done with all the prevarication?

Its a long hard road, but you may as well try to enjoy it and send some 'without prejudice' letters to rattle their cage a little:-D

[ska1664]

Hi bazaar thanks for the input.

 

Is there a template that you could point me to for the 'without prejudice' letters?

 

ska

[Duffers Mum]

I received a default notice from Mercers (in fact I received two) in connection with my B/C account. My account has been settled now, B/C accepted a F&F offer from me. On checking my credit file I see that the Default Notice was never notified to the CRA's so took that to mean they were just meant to intimidate me into paying, which I never did. You should check your credit file and see if anything has been registered there.

 

Good luck